Inspector May Be Punished

FORT LAUDERDALE -- James DuVall said he only wanted to halt what he calls intimidation tactics by fellow city inspectors.

Now he faces disciplinary action for volunteering a sworn statement that helped a restaurant owner and manager beat city charges of overcrowding their dining room and resisting arrest.

DuVall, a chief building inspector, said he was sickened to hear a code enforcement official joking at work that a police officer had handcuffed and jostled the owner of Big Louie`s during a March 1988 inspection. The manager also was arrested.

Within hours, DuVall, a nine-year city employee, contacted pizzeria owner Sandra Post and agreed to give a sworn statement she could use once her case went to court.

``I can`t believe this is the United States,`` DuVall said recently. ``Here`s a businesswoman and they`re dragging her out of there over a (city code) violation. ... I`m being ostracized because I spoke out against what I consider to be excessive force against someone.``

The discipline is not retaliation for DuVall`s 45-page statement in January, said city officials, who contend his actions may have violated personnel rules.

He refused to talk to city prosecutor Scott Walker, who was handling the case, said John Dargis, assistant labor relations manager.

DuVall also called a city witness untruthful and said he heard city officials boast they would get Big Louie`s -- charges that officials deny. His statement was never aired in court, but discredited the city`s case, Walker said.

``We want (employees) to tell the truth about what they know,`` Dargis said. ``But we want them to cooperate with the city.``

The city workers acted appropriately, Dargis said.

DuVall in his statement also accused city workers of unproven charges that should have been reported to City Hall, Assistant City Manager Pete Witschen said.

DuVall appears to be driven by hard feelings between he and his coworkers, Witschen said.

``He`s beyond whistle-blower,`` Witschen said. ``No way we can let a personal clash get in the way`` of city business.

An informal hearing is set for Tuesday on charges of incompetence and conduct that discredits the city. Building Director Calvin Howe said he will recommend by week`s end whether City Manager Connie Hoffmann should levy a punishment, ranging from a reprimand to suspension.

City Commissioner Jim Naugle said officials should be careful about punishing employees who turn in others. It could send out a wrong signal.

``We should applaud (DuVall),`` Naugle said. ``If we did something wrong, it should come out.``

The Big Louie`s case began in February 1988 when Commissioner Doug Danziger wrote a memo to Hoffmann complaining about overcrowded parking at its East Commercial Boulevard location.

City inspectors and police made four surprise visits and cited Big Louie`s for exceeding its maximum seating capacity of 22 customers.

During a March 18 inspection, Post and manager Abilio Lirio were charged with resisting arrest for shouting at police and accusing the city of political harrassment. Post was handcuffed in front of her customers.

Big Louie`s had backed Danziger`s opponent, Beverly Kennedy. Two inspections came days after Danziger memos and the arrests were made two days after he won the March 15 election. Danziger has denied under oath any political motive in his complaints.

Broward judges later dismissed the charges and the code violation for lack of evidence. Post and her attorney declined to comment.

DuVall said he spoke out against the arrest because he has seen a pattern of city employees being rude to the public.

In his statement, he also said building officials scrutinized Big Louie`s but overlooked city codes to help other businesses. He did not report the allegations to city officials, he said, because his past complaints leaked to coworkers.

Howe said he would investigate the charges. Last year, DuVall exposed an inspector who was forced to resign for working a side job on city time.

But DuVall has made a dozen complaints to various agencies that proved false, city officials and state prosecutors said. Many coworkers no longer speak to him, causing ``near anarchy`` in his former division reviewing building plans, according to his 1988 job review.

If the latest allegations also turn out unfounded, Howe said DuVall may face additional disciplinary action.

Since June, DuVall has asked the county Board of Rules and Appeals to look into 67 pages of complaints alleging that building officials failed to properly inspect hundreds of renovation projects and allowed uncertified workers to approve signs.

The charges will be investigated, said county board Director Cliff Storm, but he called them ``nitpicking.``